Part 11 — Distributions
96 Applies to all distributions
RSA 2000
(a) is realized through writ proceedings, or
(b) is otherwise received by an agency as a result of the
existence of an enforcement debt,
must be dealt with in accordance with this Part.
(2) Where property that is bound by a writ is sold in distress
proceedings under a landlord's right of distraint or in proceedings
to enforce a security interest or encumbrance that has priority over
the writ,
(a) if the property is sold by a distributing authority, this Part
applies to any portion of the proceeds that exceeds the
amount
(i) for which the landlord is entitled to distrain, or
(ii) that is necessary to discha rge the security interest or
encumbrance,
and
(b) if the property is sold pur suant to a judicial sale or by a
person other than a distributing authority, any portion of the
proceeds in excess of the amount necessary to discharge the
security interest or encumbrance shall be paid to an agency.
(3) Nothing in this Part other than section 102 shall be construed
so as to prejudice any right to money that is based on an interest,
including a security interest or an encumbrance,
(a) in the money, or
(b) in the property from which the money is derived,
where that interest has priority over the relevant writs.
(4) Where a distributing authority receives money in which a
person has a security interest or other interest that has priority over
the claims of enforcement creditors, the distributing authority must
pay to that person the money to which the person is entitled, and
any money paid under this section does not form part of a
distributable fund.
RSA 2000 cC-15 s96;2002 c17 s1(17)